PSNI custody officer cleared over death of prisoner in cell

A POLICE custody sergeant has been cleared of the manslaughter of a Belfast man who died in detention in May 2014.

A prosecution QC told judge David McFarland that having taken instructions, he was offering no further evidence in the four-week Belfast Crown Court trial of Sergeant Brian McKenna.

As a consequence, the Recorder of Belfast directed the jury to return not guilty verdicts.

Sgt McKenna, whose address was given as care of PSNI’s Barrack Street station in Lisburn, had always denied the manslaughter of David McGowan (28), and misconduct in public office.

The charges arose out of what Judge McFarland said had been a “thorough” Police Ombudsman investigation into the detention of Mr McGowan, who was arrested along with his girlfriend, Kirsty Pinkerton, outside an east Belfast flat on the evening of May 29, 2014.

David McGowan, and (right) Alexander McAllister

A post-mortem revealed Mr McGowan died of “upper airway obstruction due to inhalation of gastric contents, due to toxic effects of alcohol and drugs”.

The court also heard that a Tramadol tablet was recovered from his windpipe.

Diazepam was also found on an apparently intoxicated Mr McGowan. At one stage he was heard complaining that police had broken his foot and he wanted a doctor.

Mr McGowan, who told a civilian detention officer he had taken “between 30 and 40 tablets”, also “had a lot of white stuff in his mouth”. He was later examined by a doctor, who ordered that he be observed and roused every 30 minutes.

Concerns were raised about his breathing, and it was noticed Mr McGowan had been sick. The doctor was called again, and found Mr McGowan lying on his back with vomit around his mouth.

Although the doctor conducted both mouth to mouth and CPR and an ambulance was called at 1.07am, Mr McGowan was pronounced dead at 1.47am.

While Sgt McKenna has now been cleared of the charges against him, the civilian detention officer on duty with him, Alexander McAllister, awaits sentence on a charge of misconduct in public office.

The PPS last night said in relation to Sgt McKenna: “The decision not to proceed follows a very detailed and careful consideration of evidence which came to light during the course of the trial.

“A review of the case has concluded that the test for prosecution is no longer met.

“A second defendant, Alexander McAllister, pleaded guilty to the charge of misconduct in public office and is awaiting sentence.”

It added that the PPS had explained the reasons to the McGowan family, and “understand their disappointment”.